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2024 Supreme(All) 51

MAHESH CHANDRA TRIPATHI, GAJENDRA KUMAR
Upasana Kumari – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Gambhir Singh, Amit Kumar Verma, Amit Kumar Verma.

JUDGMENT :

1. Heard Sri Gambhir Singh, learned counsel for the petitioner and Mrs. Manju Thakur, learned A.G.A.-I for the State respondents.

2. This writ petition is preferred under Article 226 of Constitution of India inter-alia with following reliefs:-

    "(i) Issue a writ order or direction in the nature of certiorari to quash the impugned orders dated 07.10.2023 and 16.12.2023 passed by respondent no.4, whereby the petitioner/ victim has been ordered to undergone medical examination in respect of case crime no. 34 of 2023, Under Section 498A, 323, 354, 504, 420 IPC and 3/4 D.P. Act, Police Station-Mahila Thana, District Moradabad.

(ii) Issue a writ order or direction in the nature of mandamus commanding the respondent nos. 2 & 3 to take necessary action for conducting potency test/medical examination of respondent no.5 in K.G.M.U. Lucknow as advised by the board of the doctors of District Hospital Moradabad in place of L.L.R.M. Medical College, Meerut.

(iii) Issue a writ order or direction in the nature of mandamus commanding the respondent nos. 2 & 3 to conduct fair and impartial investigation of case crime no. 34 of 2023, Under Section 498A, 323, 354, 504, 420 IPC and 3/4 D.P. Act, P

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